The administrative requirements discussed in this section are not eligible for environmental equivalence or impracticability

340 CFR 112 Structure

112.1 General applicability of the rule

112.2 Definitions of terms used in the rule

112.3 Requirement to prepare an SPCC Plan

112.4 Amendment of SPCC Plan by RA

112.5 Amendment of SPCC Plan by owner or operator

112.6 Qualified Facilities 2006 amendment

112.7 General requirements of all facilities

112.8 112.12 Additional specific requirements for different types of facilities and different types of oils

440 CFR 112 Structure (continued)Appendix A Memorandum of understanding between the Secretary of Transportation and the Administrator of the Environmental Protection Agency Appendix B Memorandum of understanding among the Secretary of the Interior, Secretary of Transportation, and Administrator of the Environmental Protection Agency Appendix C Substantial harm criteria Appendix G Tier I Qualified Facility SPCC Plan Template 5112.1 General Applicability

Purpose To develop a comprehensive Plan that minimizes the potential for discharges

Must address all relevant spill prevention, control, and countermeasures necessary at the facility

112.1(e) 7112.2 Definitions OilsOil oil of any kind or in any form, including, but not limited to fats, oils, or greases of animal, fish, or marine mammal origin vegetable oils, including oils from seeds, nuts, fruits, or kernels and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.Animal fat non-petroleum oil, fat, or grease of animal, fish or marine mammal originVegetable oil - non-petroleum oil or fat of vegetable origin, including but not limited to oils and fats derived from plant seeds, nuts, fruits, and kernelsPetroleum oil petroleum in any form, including but not limited to crude oil, fuel oil, mineral oil, sludge, oil refuse, and refined productsNon-petroleum oil oil of any kind that is not petroleum-based, including but not limited to Fats, oils, and greases of animal, fish, or marine mammal origin and vegetable oils, including oils from seeds, nuts, fruits, and kernels. 8112.2 Definitions ContainersBulk storage container any container used to store oil. These containers are used for purposes including, but not limited to, the storage of oil prior to use, while being used, or prior to further distribution in commerce. Oil-filled electrical, operating, or manufacturing equipment is not a bulk storage container. Breakout tank a container used to relieve surges in an oil pipeline system or to receive and store oil transported by a pipeline for reinjection and continued transportation by pipeline. Oil-filled operational equipment - equipment that includes an oil storage container (or multiple containers) in which the oil is present solely to support the function of the apparatus or the device. Oil-filled operational equipment is not considered a bulk storage container, and does not include oil-filled manufacturing equipment (flow-through process). 9112.2 Definitions Containers(continued)Completely buried tank any container completely below grade and covered with earth, sand, gravel, asphalt, or other material. Containers in vaults, bunkered tanks, or partially buried tanks are considered aboveground storage containers for purposes of this part. Bunkered tank a container constructed or placed in the ground by cutting the earth and re-covering the container in a manner that breaks the surrounding natural grade, or that lies above grade, and is covered with earth, sand, gravel, asphalt, or other material. A bunkered tank is considered an aboveground storage container for purposes of this part. Partially buried tank a storage container that is partially inserted or constructed in the ground, but not entirely below grade, and not completely covered with earth, sand, gravel, asphalt, or other material. A partially buried tank is considered an aboveground storage container for purposes of this part. 10112.2 Definitions Containers(continued) 2006 AmendmentsMotive power container - any onboard bulk storage container used primarily to power the movement of a motor vehicle, or ancillary onboard oil-filled operational equipment. An onboard bulk storage container which is used to store or transfer oil for further distribution is not a motive power container. The definition of motive power container does not include oil drilling or workover equipment, including rigs. Mobile refueler - a bulk storage container, onboard a vehicle or towed, that is designed or used solely to store and transport fuel for transfer into or from an aircraft, motor vehicle, locomotive, vessel, ground service equipment, or other oil storage container. 11112.2 Definitions(continued)Produced water container - a storage container at an oil production facility used to store the produced water after initial oil/water separation, and prior to reinjection, beneficial reuse, discharge, or transfer for disposal. 2008 Amendments

Loading/unloading rack - a fixed structure (such as a platform, gangway) necessary for loading or unloading a tank truck or tank car, which is located at a facility subject to the requirements of this part. A loading/unloading rack includes a loading or unloading arm, and may include any combination of the following piping assemblages, valves, pumps, shut-off devices, overfill sensors, or personnel safety devices.

12112.2 Definitions Facilities 2008 Amendments

Facility- any mobile or fixed, onshore or offshore building, property, parcel, lease, structure, installation, equipment, pipe, or pipeline (other than a vessel or a public vessel) used in oil well drilling operations, oil production, oil refining, oil storage, oil gathering, oil processing, oil transfer, oil distribution, and oil waste treatment, or in which oil is used, as described in Appendix A to this part. The boundaries of a facility depend on several site-specific factors, including but not limited to, the ownership or operation of buildings, structures, and equipment on the same site and types of activity at the site. Contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or operation of the same person may be considered separate facilities. Only this definition governs whether a facility is subject to this part.

13112.2 Definitions Facilities(continued)Onshore facility any facility of any kind located in, on, or under any land within the United States, other than submerged lands. Offshore facility any facility of any kind (other than a vessel or public vessel) located in, on, or under any of the navigable waters of the United States, and any facility of any kind that is subject to the jurisdiction of the United States and is located in, on, or under any other waters Complex facility possessing a combination of transportation-related and non-transportation-related components that is subject to the jurisdiction of more than one Federal agency under section 311(j) of the CWA 14112.2 Definitions Facilities(continued) 2008 AmendmentsProduction facility- all structures (including but not limited to wells, platforms, or storage facilities), piping (including but not limited to flow-lines or intra-facility gathering lines), or equipment (including but not limited to workover equipment, separation equipment, or auxiliary non-transportation-related equipment) used in the production, extraction, recovery, lifting, stabilization, separation or treating of oil (including condensate), or associated storage or measurement, and is located in an oil or gas field, at a facility. This definition governs whether such structures, piping, or equipment are subject to a specific section of this part. 15112.2 Definitions Facilities(continued)Vessel every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation, other than a public vessel. Farm a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, 1,000 or more of agricultural products during a year. Owner or operator any person owning or operating an onshore facility or an offshore facility, and in the case of any abandoned offshore facility, the person who owned or operated or maintained the facility immediately prior to such abandonment. 16112.2 Definitions DischargesNavigable waters of the United States navigable waters as defined in section 502(7) of the FWPCA, and includes (1) all navigable waters of the United States, as defined in judicial decisions prior to passage of the 1972 Amendments to the FWPCA (Pub. L. 92-500), and tributaries of such waters (2) interstate waters (3) intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes and (4) intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce. Note this is the 1973 definitionDischarge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping of oil, but excludes discharges in compliance with a permit under section 402 of the CWA discharges resulting from circumstances identified, reviewed, and made a part of the public record with respect to a permit issued or modified under section 402 of the CWA, and subject to a condition in such permit or continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of the CWA, that are caused by events occurring within the scope of relevant operating or treatment systems. For purposes of this part, the term discharge shall not include any discharge of oil that is authorized by a permit issued under section 13 of the River and Harbor Act of 1899 (33 U.S.C. 407).Worst case discharge largest foreseeable discharge in adverse weather conditions as determined using the worksheets in Appendix D 17112.3 Prepare and Implement a Plan

The facility owner/ operator must prepare an SPCC Plan

In writing

In accordance with 112.7 and any other applicable sections of 40 CFR part 112

Compliance dates to prepare, amend, and implement an SPCC Plan

112.3 18Compliance Dates for all Facilities

The compliance date is now November 10, 2010, for all facilities including farms.

The 2008 amendments would provide new production facilities with six more months, after beginning operations, to develop a Plan

2009 Amendments112.3(a), (b), and (c) 19Plan Preparation and Implementation for Production Facilities

A new oil production facility has six months after the start of operations to prepare and implement an SPCC Plan.

A new production facility is one that becomes operational after November 10, 2010.

Start of operations is indicated by the start of well fluid pumping, transfer via flowlines, separation, treatment or storage of crude oil, or other oil storage in capacities greater than the SPCC applicability threshold.

The timeframe was chosen because oil production facilities are likely to stabilize within six months after the start of operations.

Applicable only to oil production facilities, because of their uniquely variable and uncertain initial flowrates

2009 Amendments112.3(b)(1) and (3) 20Mobile Facilities

Onshore and offshore mobile facilities must prepare, implement, and maintain a Plan as required by the rule

Amend and implement a Plan, if necessary to ensure compliance with the rule, on or before November 10, 2010

Can be a general Plan a new Plan is not required each time a facility moves to a new site

112.3(c) 21Professional Engineer Certification

A licensed PE must review and certify a Plan and technical amendments

The certification does not relieve the owner/operator of his duty to prepare and fully implement a Plan

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